Criminal – Page 84 – Turtle Talk

Chehalis COA Decides Criminal Matter involving Tribal Law and Order Act

October 8, 2013Matthew L.M. Fletcher

Here is the opinion in Confederated Tribes of the Chehalis Reservation v. Lyons. An excerpt:

For the reasons set forth above, we hold that the trial court committed reversible error by admitting the Sexual Assault Report Form without providing the defendant the opportunity to confront the author of the Report. We further hold that the criminal laws and rules of evidence of the Chehalis Tribe were not publicly available prior to the charging of the defendant in this case as required for the Tribe to exercise the enhanced sentencing authority permitted by the federal Tribal Law and Order Act of 2010.

Federal Court Holds Sisseton Housing Authority is Tribal Organization for Purposes of 18 USC § 1163

October 4, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Red Thunder (D. S.D.):

51 White Motion to Dismiss

53 Red Owl Motion to Dismiss

54 DuMarce Motion to Dismiss

56 Red Thunder Motion to Dismiss

57 Government’s Response

61 MJ R&R Denying Motion to Dismiss

98 DCT Order Adopting R&R

UND Panel Discussion on Native American Sentencing Disparity and the Case of Dana Deegan

October 3, 2013Matthew L.M. Fletcher

Looks like an amazing discussion. Here. We posted on this case here.

The UND School of Law will host a panel discussion featuring Federal Judge Myron H. Bright on October 14, 2013 from 1:30 p.m. – 3:30 p.m. UND School of Law Baker Courtroom. The panelists will discuss the topic of Native American sentencing disparity and specifically the case of Dana Deegan. She is a member of the Three Affiliated Tribes, and is currently serving a 10-year sentence on a charge of second-degree murder.

Schedule of Speakers:

1:30 – 2:00 p.m. – Overview of the Disparity Problem and its Origins
BJ Jones, Director, Tribal Judicial Institute & Chief Justice of the Turtle Mountain Tribal Court of Appeals
Chris Ironroad, Associate Attorney at Sonosky, Chambers, Sachse, Endreson & Perry, LLP

2:00 – 3:00 p.m. – Impact of Disparity on Native Americans- The Case of Dana Deegan
Judge Myron H. Bright, United States Court of Appeals for the Eighth Circuit
Judge David E. Ackerson, St. Louis County, Minnesota
Sarah Deer, Assistant Professor of Law, William Mitchell College of Law
Marmie Jotter, sister of Dana Deegan and licensed psychotherapist

United States Court of Appeals for the Eighth Circuit – Appeal of Dana Deegan Case

3:00 – 3:30 p.m. – How the Guidelines Unfairly Treat Domestic Violence Victims
Radmilla Cody- Ms. Navajo Nation 1997-98 and recording artist

Light refreshments will be served during the event

Fifth Circuit Largely Rules Against American Indian Prisoner in RLUIPA Case

October 3, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Chance v. Texas Dept. of Criminal Justice:

Chance v. TDCJ Decision

Chance – Opening Brief (FILED)

Amicus Brief of Pan-American Indian Association

Texas– Appellee Brief

An excerpt:

Plaintiff-Appellant William Chance, Jr. (“Chance”) is a prisoner currently incarcerated by the Texas Department of Criminal Justice (“TDCJ”). Chance filed suit under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) alleging that TDCJ has failed to accommodate several tenets of his Native American religion, including: (1) personal participation in a pipe-smoking ceremony, (2) participation in a minimum number of various ceremonies, (3) indoor smoke-wafting, and (4) personal possession of a lock of a deceased relative’s hair. We agree with the district court that the summary judgment record demonstrated that the prison policies associated with Chance’s first three complaints are the least restrictive means of furthering TDCJ’s compelling interests. However, we disagree with the district court that summary judgment was appropriate on Chance’s claim that prohibiting the possession of a lock of a relative’s hair was not the least restrictive means of furthering TDCJ’s compelling interests. We therefore AFFIRM the district court’s judgment in part, and VACATE and REMAND it in part.

Federal Court Declines to Dismiss Indictment in Victimless Crime in Indian Country

October 2, 2013October 2, 2013Matthew L.M. Fletcher

Here are the materials in United States v. Augare (D. Mont.):

12 Augare Motion to Dismiss

13 US Response

17 Augare Reply

21 MJ Order Denying Motion to Dismiss

News coverage here. An excerpt:

The U.S. government can prosecute misdemeanor driving offenses on Indian reservations, a federal magistrate judge ruled Tuesday in rejecting a request to dismiss charges against a Blackfeet tribal leader and Montana state senator.U.S. Magistrate Judge Keith Strong said the federal government shares jurisdiction with tribal governments. He rebuffed arguments by Shannon Augare’s attorney, who said the federal government’s case against the Blackfeet Tribal Business Council member and Democratic senator was an intrusion of tribal sovereignty.

Ninth Circuit Reinstates Indictment in Federal Gun Charge Case, with Fort Peck Tribal Court Conviction as Predicate for Offense

October 1, 2013October 3, 2013Matthew L.M. Fletcher

Here are the materials in United States v. First:

An excerpt from the court’s syllabus:

Reversing the district court’s dismissal of an indictment charging the defendant as a misdemeanant in possession of a firearm in violation of 18 U.S.C. § 922(g)(9), the panel held that a misdemeanor conviction obtained in tribal court may qualify as a predicate offense to a § 922(g)(9) prosecution so long as the defendant was provided whatever right to counsel existed in the underlying misdemeanor proceeding.

The panel concluded that this result does not violate the Sixth Amendment, the Due Process Clause of the Fifth Amendment, or the Equal Protection Clause of the Fourteenth Amendment.

Update: Critical commentary on this case by federal defender Jon Sands here.

Federal Court Dismisses Miccosukee Tribe’s RICO Suit against Billy Cypress, Former Leaders & Former Lawyers

October 1, 2013Matthew L.M. Fletcher5 Comments

Here are the updated materials:

140 Lewis Tein Reply

143 Lehtinen Reply

144 Hernandez Reply

145 Cypress Motion to Strike

146 Cypress Reply

155 Miccosuke Response to Motion to Strike

281 DCT Order Granting Motion to Strike

282 DCT Order Dismissing Complaint

An excerpt:

“No one fights dirtier or more brutally than blood; only family knows its own weaknesses, the exact placement of the heart.” Whitney Otto, How to Make an American Quilt (1991). Whitney Otto’s quote seems a particularly apt description of the emotionally and politically charged litigation, occurring in multiple judicial venues, between the named parties, whom include the following.

Motions to dismiss were here.

Miccosukee’s responses were here.

Second amended complaint here.